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<br />200709667 <br /> <br />the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this <br />Security Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument and shall continue to occupy the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. <br />Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the <br />Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. <br />If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not <br />relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give <br />Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent <br />gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender <br />with material information) in connection with the Loan. Material representations include, but are not limited to, <br />representations concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a <br />legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security <br />Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a <br />lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower <br />has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect <br />Lender's interest in the Property and rights under this Security Instrument, including protecting and/or <br />assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, <br />but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; <br />(b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or <br />rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the <br />Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board <br />up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous <br />conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender <br />does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no <br />liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. <br />If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender <br />agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the <br />Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Nebraska Deed of Trust 3028 <br /> <br />NE DOT 01/01 <br /> <br />(Page 6 of 12) <br />